Sample Claim Statement With Debt Recovery In Texas
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FAQ
If a debt collector sues you in the state of Texas, you need to take action. First, fill out and file your answer form — this is your response to the lawsuit. Then, provide a copy of the filed (stamped) forms to the plaintiff (the debt collector) and keep a copy for your own records.
I am requesting that you consider forgiving or releasing the debt entirely. If this is not possible, I would be grateful for your consideration of a reduced settlement amount. I believe that this approach would allow me to regain my financial footing and move forward with my life.
Dear debt collector, I am responding to your contact about collecting a debt. You contacted me by phone/mail, on date and identified the debt as any information they gave you about the debt. I do not have any responsibility for the debt you're trying to collect.
If You Dispute a Debt If possible, send your dispute letter by certified mail (with "return receipt requested") so you know it was officially received by the collector. The collector then has 30 days to determine whether or not the disputed item is correct.
You should dispute a debt if you believe you don't owe it or the information and amount is incorrect. While you can submit your dispute at any time, sending it in writing within 30 days of receiving a validation notice, which can be your initial communication with the debt collector.
Texas law gives someone 4 years to bring a lawsuit for unpaid debt.
Once wages are deposited into a bank account, the funds can be frozen and possibly seized. In order to do this, a debt collector must have won the lawsuit and had an order issued by the court. This can be confusing because the order is called a "writ of garnishment" but it still cannot be used to take incoming wages.
Summary: If you're being sued by a debt collector, here are five ways you can fight back in court and win: 1) Respond to the lawsuit, 2) make the debt collector prove their case, 3) use the statute of limitations as a defense, 4) file a Motion to Compel Arbitration, and 5) negotiate a settlement offer.
Directly dispute it with the debt collector You can directly dispute debts with a debt collector by requesting debt validation within 30 days of first contact. To do this, you'll write a detailed letter demanding proof that you owe the debt and that they have the legal right to collect it.
